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(영문) 대구지방법원 2019.07.05 2018고합475
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for two years, Defendant B and D shall be punished by imprisonment for six months, and Defendant C shall be punished by a fine of KRW 7,00,000.

Reasons

Punishment of the crime

1. On September 1, 2015, Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) entered into a contract with the president G and director H of the victim medical corporation F (hereinafter “victim Foundation”) located in Yongcheon-si, Yongcheon-si to take over all the assets and the management rights of the victim foundation in total of KRW 6 billion on the same day, and paid KRW 500 million on the same day, and the remainder was paid to the above H out of the acquisition amount on the same day in accordance with the above contract, and was appointed as the president of the victim foundation.

The defendant received a loan from a bank in the name of the victim foundation, and the defendant was willing to pay the unpaid acquisition price to the transferor while taking over the victim foundation.

Around September 25, 2015, the Defendant, as the president of the Victim Foundation, obtained a loan of KRW 900 million from the I Bank for the operation of the Foundation, and provided the above H with KRW 700 million on October 1, 2015 for the acquisition price of the Foundation.

Accordingly, the Defendant embezzled KRW 700 million owned by the Victim Foundation.

2. Defendant A and Defendant B’s violation of the Medical Service Act are the medical corporation F president, and Defendant B are the directors of the above foundation.

No person shall introduce, arrange or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the individual's apportionment under the National Health Insurance Act or the Medical Care Assistance Act, providing money or other valuables, etc., or providing transportation to many and unspecified persons, or instigate such act.

Nevertheless, on October 2015, the Defendants provided vehicles to the FK Hospital of D to make patients available for transportation in return for introducing, arranging, and inducing patients to the FK Hospital between D and D that operates the J Center, which is a welfare facility for persons with disabilities, around October 2015.

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